Insights
Analysing the Relationship Between AI and Copyright Law
Artificial intelligence (AI), which does not yet have a solid definition, can generally be described as “the ability of a digital computer or computer controlled robot to perform tasks commonly associated with intelligent beings.” AI systems have started to play a part in our daily life and today they carry out crucial roles for human beings. For instance, BlueDot’s AI system was among the first in the world to identify the emerging risk from COVID-19. AI also creates music… »
Web-based Scientific Meetings of Medical Device Companies
Dicle Doğan and Fatma Sevde Tan, Gun & Partners On 11 June 2020, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) on scientific meetings and educational activities regarding medical devices. The guidelines, which were updated by an amendment made on 27 April 2020, state that in terms of scientific web-based meetings, only meetings that last more than one day should be notified. This is further to the existing rules, which do not… »
Enforcement: An International Litigation Guide 2019, Turkey
I. PRE-FILING REQUIREMENTS/DEMAND LETTERS Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter. Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done. It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before… »
Good News for Owners of IR Designations as Trademark Office Changes its Practice in Opposition Proceedings
The Trademark Office has recently changed its practice in opposition proceedings with regard to national designations of IRs The office has started to notify IR owners via WIPO when an opposition is filed against their designations in Turkey The difference in treatment between IR designations and national applications had been widely criticised The Turkish Patent and Trademark Office has recently changed its practice in opposition proceedings with regard to national… »
“Inventing” in COVID-19 Environment and Key Local/ International Developments
The COVID-19 pandemic has driven mankind to question sufficiency and sustainability of business models, social and moral norms, and Law-practices, which cannot be separated from society and its needs. Due to the ongoing pandemic basic need of survival and the need to access the means such as ventilation machines, masks, goggles and most importantly pharmaceuticals, is at its climax, as well as the need for an invention is at its most. Everyone agrees that an invention will… »
Turkish Average Consumers: Healthcare Professionals or End Users?
In December 2019, the Court of Appeal issued two decisions in which the nature of consumers has been scrutinized while assessing likelihood of confusion between pharmaceutical trade marks. Infantum v Infanta A trade mark application INFANTUM was filed before the Turkish Patent and Trademark Office (the Office) covering goods in classes 3 and 5, against which an opposition was filed based on the prior registered trade mark INFANTA covering the same classes.The opposition was… »
New Guidelines on Meetings Sponsored by Medical Device Companies
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 27 April 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on Scientific Meetings and Educational Activities regarding Medical Devices (Turkish language). The guidelines cover web-based scientific and educational meetings. Web-based meetings include online seminars, video conferences and meetings that can be watched over the network. Pursuant to the guidelines, web-based meetings are subject to the… »
Dividend Distribution Restrictions Imposed on Equity Companies in Scope of COVID-19 Measures
Within the scope of the fight against the spread of Covid-19, provisional article 13 was added to the Turkish Commercial Code (“TCC”) with the Law numbered 7244 adopted on 16 April 2020. The said provisional article brought certain restrictions on dividend distribution rights of the equity companies until 30 September 2020 and it was further regulated that the companies exempt from these restrictions and the procedures and principles regarding the application thereof would be… »
Advertisement Board Imposed Sanctions against Exorbitant Price Increase during COVID-19 Outbreak
While the world and Turkey are dealing with coronavirus pandemic, demand for protective masks, sanitizer, cleaning products and foodstuff significantly increased. Some manufacturers, suppliers and retail businesses exorbitantly and inequitably increased prices of those products which are intensively demanded by the consumers during this outbreak. The Advertisement Board, recently in March 2020, imposed administrative monetary fine corresponding to TRL 10.090.060… »
Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights
Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights Turkish civil litigation is a unique system where the concepts and practices of civil law meet with the ones originating from Turkish law. Along with the classical and common judiciary concepts and practices among civil law systems, Turkish law envisages a sui generis concept called “enforcement proceedings without judgment”. This frequently-resorted type of enforcement action is native to… »
Recent Developments about Unbreakable Deadlock in Consumer Disputes: Mediation and Solution Proposals
Introduction The fair and swift resolution of consumer disputes serves the interests of not only the consumers, but also the businesses involved. Consumers purchase more when they are confident that they will be treated fairly in a potential dispute. Businesses, on the other hand, become economically inoperable and unviable following systematic violations against consumers and the rapid and fair enforcement of consumer rights. In short, all market players are better off in an… »
Court of Cassation Reopens Debate on Recordation of Well-Known Trademarks
The Court of Cassation has held that the Patent and Trademark Office has no authority to create and maintain a registry for the recordation of well-known marks Well-known status must be evaluated on a case-by-case basis The finalisation of this decision will have significant repercussions In a recent decision that challenges longstanding precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office has no authority to create and maintain a… »